7 King’s Bench Walk is particularly known for its work on audit negligence cases, as well as claims against insurance brokers an legal professionals, crossing over with the set’s reputation for pure insurance work. Rebecca Sabben-Clare KC, Josephine Higgs KC and James Brocklebank KC are routinely instructed on high profile audit negligence cases. Brocklebank KC led Ralph Morley in Enterprise Insurance Co. v EY Ltd, a claim centred around the auditors’ role in the company’s failure. James Goudkamp acts for the claimants in URS Corp Ltd v BDW Trading Ltd, which sheds light on issues in the law of torts and concerns whether or not a developer can recover damages on repair costs voluntarily undertaken.
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Profile
Work Department
Year of call 2014
Position
James practises in all areas of commercial law although he has a particular interest in professional negligence, property damage, civil fraud and insurance. He is widely acknowledged, both in England and internationally, as one of the leading scholars on the common law of torts.
James regularly appears in the Commercial Court in high-value complex cases. Recent matters in which he has been instructed have raised issues concerning the economic torts, jurisdiction and the conflict of laws, freezing orders, civil contempt and disclosure. In 2021, he was a member of a Counsel team that appeared at a lengthy civil fraud trial in which his client obtained a judgment for the equivalent of around US$40m.
James has a growing appellate practice. He has appeared in the Supreme Court (in an appeal regarding the defence of illegality), the Privy Council (in an appeal concerning joint bank accounts) and the Court of Appeal (in appeals regarding freezing orders, passport orders, civil contempt and the defence of illegality).
James also has experience in arbitration (Bermuda form and LMAA) having been instructed in several substantial insurance and shipping disputes.
James has been retained as an expert witness in tort cases. His practice includes a significant advisory element.
Career
James combines his busy practice at the Bar with work as an academic. He is Professor of the Law of Obligations at the University of Oxford and is the author of more than 125 publications. His work is regularly cited by the courts in several jurisdictions.
Languages
Brazilian Portuguese (Intermediate).
Memberships
James is an elected member of the American Law Institute. He is also a member of COMBAR.
Education
James’s qualifications are at the highest level. He was awarded the University Medal for placing first in his cohort in his undergraduate studies in law, which he completed in Australia. James’s postgraduate degrees, for which he read at the University of Oxford (Magdalen College), culminated in a doctorate.
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Testimonials
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- 'The best clerks room to deal with.'
- '7 Kings Bench Walk is one of the leading commercial sets, with a pantheon of highly talented individuals at all levels of seniority.'
- 'Professional negligence forms a significant part of the set's practice, dovetailing with other specialisms such as insurance and reinsurance and financial disputes.'
- 'They have brilliant KCs and senior barristers available across the commercial litigation and arbitration spheres.'
- 'The clerks are very responsive.'
- 'Good strength in depth.'
- 'Good clerking service.'